Illinois General Assembly - Full Text of SB1698
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Full Text of SB1698  100th General Assembly

SB1698 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1698

 

Introduced 2/9/2017, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/13.1  from Ch. 38, par. 83-13.1

    Amends the Firearm Owners Identification Card Act. Provides that the regulation of the possession or ownership of dangerous and unusual weapons are exclusive powers of the State and any ordinance or regulation that purports to regulate the possession or ownership of a dangerous and unusual weapon in a manner inconsistent with the Act shall be invalid. Defines "dangerous and unusual weapon". Deletes provision that the regulation of the possession or ownership of assault weapons are exclusive powers and functions of this State. Deletes provision that any ordinance or regulation, or portion of that ordinance or regulation, that purports to regulate the possession or ownership of assault weapons in a manner that is inconsistent with the Act, shall be invalid unless the ordinance or regulation is enacted on, before, or within 10 days after the effective date of Public Act 98-63 (July 9, 2013). Deletes provision that any ordinance or regulation described in the stricken provision enacted more than 10 days after the effective date of Public Act 98-63 is invalid. Effective immediately.


LRB100 09591 SLF 19759 b

 

 

A BILL FOR

 

SB1698LRB100 09591 SLF 19759 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 13.1 as follows:
 
6    (430 ILCS 65/13.1)  (from Ch. 38, par. 83-13.1)
7    Sec. 13.1. Preemption.
8    (a) Except as otherwise provided in the Firearm Concealed
9Carry Act and subsections (b) and (c-5) (c) of this Section,
10the provisions of any ordinance enacted by any municipality
11which requires registration or imposes greater restrictions or
12limitations on the acquisition, possession and transfer of
13firearms than are imposed by this Act, are not invalidated or
14affected by this Act.
15    (b) Notwithstanding subsection (a) of this Section, the
16regulation, licensing, possession, and registration of
17handguns and ammunition for a handgun, and the transportation
18of any firearm and ammunition by a holder of a valid Firearm
19Owner's Identification Card issued by the Department of State
20Police under this Act are exclusive powers and functions of
21this State. Any ordinance or regulation, or portion of that
22ordinance or regulation, enacted on or before the effective
23date of this amendatory Act of the 98th General Assembly that

 

 

SB1698- 2 -LRB100 09591 SLF 19759 b

1purports to impose regulations or restrictions on a holder of a
2valid Firearm Owner's Identification Card issued by the
3Department of State Police under this Act in a manner that is
4inconsistent with this Act, on the effective date of this
5amendatory Act of the 98th General Assembly, shall be invalid
6in its application to a holder of a valid Firearm Owner's
7Identification Card issued by the Department of State Police
8under this Act.
9    (c) (Blank). Notwithstanding subsection (a) of this
10Section, the regulation of the possession or ownership of
11assault weapons are exclusive powers and functions of this
12State. Any ordinance or regulation, or portion of that
13ordinance or regulation, that purports to regulate the
14possession or ownership of assault weapons in a manner that is
15inconsistent with this Act, shall be invalid unless the
16ordinance or regulation is enacted on, before, or within 10
17days after the effective date of this amendatory Act of the
1898th General Assembly. Any ordinance or regulation described in
19this subsection (c) enacted more than 10 days after the
20effective date of this amendatory Act of the 98th General
21Assembly is invalid. An ordinance enacted on, before, or within
2210 days after the effective date of this amendatory Act of the
2398th General Assembly may be amended. The enactment or
24amendment of ordinances under this subsection (c) are subject
25to the submission requirements of Section 13.3. For the
26purposes of this subsection, "assault weapons" means firearms

 

 

SB1698- 3 -LRB100 09591 SLF 19759 b

1designated by either make or model or by a test or list of
2cosmetic features that cumulatively would place the firearm
3into a definition of "assault weapon" under the ordinance.
4    (c-5) Notwithstanding subsection (a) of this Section, the
5regulation of the possession or ownership of dangerous and
6unusual weapons are exclusive powers and functions of this
7State. Any ordinance or regulation that purports to regulate
8the possession or ownership of a dangerous and unusual weapon
9in a manner that is inconsistent with this Act shall be
10invalid.
11    (d) For the purposes of this Section: ,
12    "Dangerous and unusual weapon" means a weapon not typically
13possessed by law-abiding citizens for lawful purposes,
14including, but not limited to, a short-barreled shotgun or
15machine gun.
16    "Handgun" "handgun" has the meaning ascribed to it in
17Section 5 of the Firearm Concealed Carry Act.
18    (e) This Section is a denial and limitation of home rule
19powers and functions under subsection (h) of Section 6 of
20Article VII of the Illinois Constitution.
21(Source: P.A. 98-63, eff. 7-9-13.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.